Tomas D. Cuesta, Sr. v. Dale J. Schmidt

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 16, 2026*
Decided June 17, 2026
Before
FRANK H. EASTERBROOK, Circuit Judge
JOHN Z. LEE, Circuit Judge
REBECCA TAIBLESON, Circuit Judge
No. 25-3195
TOMAS D. CUESTA, SR.,
Petitioner-Appellant,
v.
DALE J. SCHMIDT,
Respondent-Appellee.
Appeal from the United States District
Court for the Eastern District of
Wisconsin.
No. 25-CV-1635
Byron B. Conway,
Judge.
* The appellee was not served with process and is not participating in this appeal.
After examining the appellant’s brief and the record, we have concluded that the case is
appropriate for summary disposition. See F ED. R. A PP . P. 34(a)(2).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with F ED. R. APP . P. 32.1

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No. 25-3195 Page 2
O R D E R
Tomas Cuesta, who is currently detained by the Department of Homeland
Security, challenges the district court’s dismissal of his petition for a writ of habeas
corpus under 28 U.S.C. § 2241. Seeing no error, we affirm.
In 2001, a Wisconsin jury convicted Cuesta, a Cuban national who legally entered
the United States in 1980, of battery, false imprisonment, and reckless endangerment.
Over the next two decades, Cuesta repeatedly but unsuccessfully pursued federal relief
from his state convictions. See Cuesta v. Buesgen, No. 21–1510 (7th Cir. Apr. 2, 2021)
(collecting cases).† In 2025, he filed multiple postconviction challenges in Wisconsin
court. The Wisconsin Supreme Court declined to review the denial of one such petition,
Cuesta v. Circuit Court for Dane County, No. 2025AP001022-W (Wis. Dec. 8, 2025), and
dismissed his motion for a writ of coram nobis, State v. Cuesta, No. 2025XX002520-CR
(Wis. Dec. 30, 2025). His other postconviction challenges are pending before the
Wisconsin Court of Appeals. See State v. Cuesta, No. 2025AP001029 (Wis. Ct. App.).
Cuesta completed his 25-year sentence on Sunday, June 8, 2025. The state prison
held Cuesta for two more days and released him to the custody of U.S. immigration
officials on June 10, 2025.
Four months later, Cuesta filed this petition for a writ of habeas corpus under
28 U.S.C. § 2241. He challenged his administrative detention, arguing that his pending
state postconviction case could nullify his removal proceedings. The district court
screened the petition and dismissed it, concluding that Cuesta’s time in immigration
detention—less than six months at that point—was not long enough to violate his right
to due process. See Zadvydas v. Davis, 533 U.S. 678, 701 (2001) (presumptively reasonable
to detain someone for up to six months pending removal).
On appeal, Cuesta no longer seeks release from immigration detention and
instead asks us to pause his immigration proceedings pending the completion of his
Wisconsin postconviction review. But neither we nor the district court has jurisdiction
† Cuesta is currently barred from filing any collateral attacks on his convictions
and sentence until he pays a $500 fine to the court. Cuesta v. Buesgen, No. 21–1510
(7th Cir. Apr. 2, 2021). This appeal is not subject to the filing bar because it does not
challenge the validity of his convictions or sentence.

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No. 25-3195 Page 3
to hear a claim arising from the Attorney General’s decision to commence immigration
proceedings. 8 U.S.C. § 1252(g); E.F.L. v. Prim, 986 F.3d 959, 964 (7th Cir. 2021).
Cuesta also asserts that the Wisconsin Department of Corrections unlawfully
held him for seven days beyond his release date before transferring him to the custody
of immigration officials. But a prison may hold noncitizens for up to 48 hours
(excluding Saturdays and Sundays) to allow immigration officials to assume custody.
See 8 C.F.R. § 287.7(d). Cuesta’s additional two days in state custody—between June 8
and June 10, 2025—did not extend beyond the authorized 48 hours.
AFFIRMED

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